Bliss v. Hoyt's Estate
Supreme Court of Vermont
Appeal from probate. Heard oa a referee’s report and defendant’s exceptions thereto, at the September Term, 1897, Franklin County, Munson, J., presiding. The intestate and the plaintiff were brother and sister. In 1881 the brother went to live with the sister and so continued until his death in 1895. There was no express contract between them at any time relating to the board, care and services furnished and performed by the sister.
Read the full summary
Appeal from probate. Heard oa a referee’s report and defendant’s exceptions thereto, at the September Term, 1897, Franklin County, Munson, J., presiding. The intestate and the plaintiff were brother and sister. In 1881 the brother went to live with the sister and so continued until his death in 1895. There was no express contract between them at any time relating to the board, care and services furnished and performed by the sister. No books of account, or charges or credits, were made or kept between them, and nothing had ever been paid by the intestate by money or services or otherwise.…
1Opinion of the CourtThompson, J.
From all the evidence and circumstances in the case, the referee found there was an implied promise on the part of Benjamin Hoyt, the intestate, in his life, to pay the plaintiff for the board and services for which she seeks to recover in this action. To this finding, the defendant excepted in the court below on the ground that the referee should have found the facts and submitted them to the court to say whether, as a matter of law, they constituted an implied promise. This is the only exception taken to this finding of the referee, in the county court, and the only
*536exception thereto passed…
2Cases cited1 opinion
- Johnson v. Boston & Maine RailroadSupreme Court of Vermont · 1897
3Cited by7 opinions
- Morse v. KenneySupreme Court of Vermont · 1914
- Peters v. Estate of PoroSupreme Court of Vermont · 1922
- Underhill v. Rutland RailroadSupreme Court of Vermont · 1916
- Van Dyke v. Grand Trunk Railway Co.Supreme Court of Vermont · 1911
- Rogers Cole v. Cole Et Ux.Supreme Court of Vermont · 1925
2 more not listed; retrieve them via the Exa API.